| Advisory opinion regarding whether Johnny Bradberry, Executive Assistant to the Governor for Coastal Activities and Chairman of the Coastal Protection and Restoration Authority Board, may accept a bonus check from Volkert, Inc., based on services previously provided and company performance during calendar year 2015. |
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Johnny Bradberry was employed with Volkert, Inc. as Vice President of the Gulf Design Region. Part of his compensation package included participation in the Volkert's high achievers' cash bonus plan, otherwise known as the Management Incentive Plan. On January 21, 2016, Governor Edwards appointed Mr. Bradberry to the position of Executive Assistant to the Governor for Coastal Activities. In that position, Mr. Bradberry also serves as the Chairman of the Coastal Protection and Restoration Authority Board. Mr. Bradberry resigned from Volkert, Inc., prior to taking his position with the state.
On April 27, 2016, Mr. Bradberry received a Letter Awarding Bonus from Volkert resulting from his participation in the Management Incentive Plan. The bonus amount was calculated based on profits of Volkert in 2015, as well as the company's productivity and goal achievements during 2015.
Volkert is a company that offers engineering, environmental, and construction/project management services. Volkert has in the past and continues to seek contractual or other business relationships with the Coastal Protection and Restoration Authority Board.
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La. R.S. 42:1111A prohibits a public employee from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1115A(2) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person is seeking, for compensation, to influence the passage or defeat of legislation by the pubic servant's agency.
La. R.S. 42:1115B(1) prohibits a public employee from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person conducts operations or activities that are regulated by the public employees' agency.
La. R.S. 42:1115B(2) prohibits a public employee from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's office duty.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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